Criminal Offenses for Mace in NJ
Mace can be an effective weapon for self-defense if used judiciously. New Jersey law categorizes mace as a weapon, which includes instruments or devices that project chemical vapors or sprays that cause severe discomfort or injury. A mace spray may induce severe coughing, burning eyes, and chest tightness. Like other weapons, mace may be used defensively or unlawfully. The regulations for mace are strict, and the penalties are harsh for individuals accused of violating New Jersey’s mace laws.
If you are face criminal charges involving mace in New Jersey, your next step should be to discuss the circumstances of your case and the defense options you may have with a seasoned NJ weapons lawyer. At The Tormey Law Firm, our dedicated team of defense attorneys has successfully handled mace crime cases against our clients in Morris County, Bergen County, Essex County, Hudson County, Union County, Monmouth County, and other counties in New Jersey. Contact us 24/7 for a free initial consultation at (201)-614-2474 and speak with a well-versed attorney on guns and weapons laws who can tirelessly protect your rights and your interests.
Legalities of Mace in New Jersey
Since mace is supposed to be a non-lethal weapon, it is not classified as a firearm but is regulated as a weapon under N.J.S.A. 2C:39-1(r). N.J.S.A.2C:39-5 governs the unlawful possession of a weapon for possession, including weapons possession “under circumstances not manifestly appropriate for such lawful uses as it may have.” Violating N.J.S.A. 2C:39-5 with an “other weapon” is a fourth degree crime. A conviction may result in a lengthy prison sentence, up to 18 months, and an expensive fine, potentially $10,000.00. However, N.J.S.A. 2C:39-6 contains a list of exemptions to possessing a weapon. Subsection (i)(1) exempts those 18 or older with no criminal convictions to have a “pocket-sized device” containing no more than 0.75 ounce of a non-lethal chemical for personal safety.
In essence, using mace under the appropriate conditions is legal so long as you are not restricted by the conditions of use, such as age and criminal history. As such, using mace as a defensive tool for personal safety is legal because that is its intended use. Furthermore, it is legal to possess and carry mace under a legal exception despite its designation as a weapon. When used responsibly, an individual 18 years or older with no criminal history may have mace canisters containing ¾ of an ounce of a non-lethal spray designed to cause another temporary discomfort. An eligible purchaser may use it for self-defense only. They may not use it to commit unlawful acts.
Violations of NJ Mace Laws and Penalties
Failure to follow the law regarding the legal possession of mace can lead to serious criminal charges. Possessing mace under the legal age, possessing more than than the amount allowed by law, or another mace offense violating N.J.S.A. 2C:39-6(i)(1) is a disorderly persons offense penalized by up to 6 months in jail and a maximum $1,000.00 fine.
Also, if you use mace for an unlawful purpose or possess it with unlawful intentions, you can face additional charges for violating a separate statute. N.J.S.A. 2C:39-4(d) states that it is a third degree crime to possess a weapon (not a firearm, explosive, or other destructive device) with intent to commit unlawful acts. A weapon is anything that inflicts serious bodily harm or death, such as knives, razor blades, slingshots, and other such instruments. Mace, which can inflict physical injury, is a weapon. A violation of this section potentially results in a 3 to 5 year prison sentence and up to a $15,000.00 fine.
The criminal penalties rise significantly when someone uses mace or pepper spray while committing a drug crime. N.J.S.A. 2C:39-4.1 makes it a second degree crime to use mace while leading a drug trafficking network, maintaining or operating a controlled dangerous substance production facility, employing a juvenile in an illegal drug manufacturing operation, and committing some other drug-related crimes. A second degree crime is punishable by 5 to 10 years in prison and a fine not to exceed $150,000.00. Furthermore, you are presumed to be imprisoned with a second degree crime, regardless of your criminal history.
Even if you are of age, you may violate yet another statute by possessing mace when you are not qualified. One restriction for its lawful possession is a criminal record not containing felony convictions. Those with a criminal record involving indictable crimes are what New Jersey deems certain persons who may not purchase or possess weapons, including mace. N.J.S.A. 2C:39-7 defines certain persons who may not have weapons or ammunition as those who have convictions for various serious crimes, including unlawful possession of firearms, arson, kidnapping, aggravated assault, and other such crimes. Getting caught with mace when you are a felon may result in a fourth degree criminal charge against you. Using mace inappropriately or for unlawful purposes tacks on at least two other potential crimes with more prison time and fines.
Restrictions on Using Mace for Self-Protection in NJ
It is essential to understand that mace is for self-defense, meaning to save your life when it is immediately endangered. Using a weapon for self-defense must be reasonable and equal to the threat. In other words, you can use mace on someone who puts a chokehold on you in an attempt to kidnap or sexually assault you but not to teach a solicitor a lesson about staying off your property. Unless a solicitor is threatening immediate (not some unknown time in the future) physical harm, you may not spray them without risking third degree criminal charges for using a weapon for unlawful purposes.
Use of Mace in NJ Domestic Violence Cases
Moreover, using mace during a domestic dispute may result in a domestic violence action and a restraining order. Again, self-defense is an acceptable use of mace. However, spraying someone in anger during a heated dispute is assault, an underlying crime supporting a restraining order in a domestic violence proceeding. As a result, an accused domestic violence offender may face charges for possession of a weapon for an unlawful purpose, assault, and possibly being a certain person not to possess weapons if they have a prior record involving domestic violence offenses.
As a restraining order defendant, the defendant also faces difficulties. They may not contact the protected party under threat of criminal contempt charges, and they must forfeit all firearms and weapons or face additional offenses. A final restraining order means the defendant may not purchase, own, or possess firearms while the order exists, which could be a lifetime unless they successfully get the restraining order dissolved.
Potential Defenses Against Mace Charges
As you can see, unlawful possession and use of mace can lead to multiple criminal charges, arrest, and severe consequences in the NJ criminal justice system. Facing years in prison and other long-term ramifications, you should turn to a weapons defense attorney who can pursue the best approach to your defense. For one, our criminal defense lawyers may be able to negotiate with the prosecutor on your case to reduce your charges or plea bargain for a reduced sentence. We may also challenge the evidence, the credibility of the alleged victim, and flawed police procedures to get the charges dismissed.
For example, our defense attorneys represented a client who was charged with multiple offenses for allegedly using mace in an unlawful manner in a domestic violence situation. Our client was charged with possession of a weapon for an unlawful purpose, unlawful disposition of a weapon, and simple assault. These charges were collectively punishable by years in prison, as the third degree charge carries up to 5 years, the fourth degree charge carries up to 18 months, and the disorderly persons offense carries up to 6 months.
Since the case involved felony charges, our attorneys first got the charges reduced and remanded from Superior Court to Municipal Court, where the penalties are much less severe. When the lack of evidence and failure of the supposed victim to appear provided an avenue for outright dismissal, our attorneys argued aggressively to get the charges dropped. This means our client is conviction-free and able to move on with her life. We also helped her expunge all of the records of the original arrest and charges so she has a path forward unencumbered by this mace-related brush with the law.
Consult our New Jersey Mace Charge Defense Lawyers for Help
Having an experienced New Jersey weapons defense attorney handle your case is wise if you have been arrested and charged with a criminal offense for mace. You don’t want to face a prosecutor, the police, or a judge without guidance and an informed advocate on your side. You especially do not want to make a mistake that could jeopardize your defense at trial. If you are dealing with a criminal matter involving allegations for illegally possession, using, or buying mace in Hackensack, Newark, Freehold, Toms River, New Brunswick, Somerville, Atlantic City, or another town in New Jersey, contact our respected NJ weapons lawyers for a free consultation to discuss your case today. You can reach us online or by calling (201)-614-2474 for the guidance you need now.